United States Ninth Circuit

In the context of a petition for federal habeas corpus brought under the Antiterrorism and Effective Death Penalty Act (AEDPA), an "of-right proceeding," which is available under Arizona Rule of Criminal Procedure 32 to criminal defendants who plead guilty, is a form of "direct review" under applicable law for purposes of delaying the start of the running of the statute of limitations.

Appellate Information

• Decided 03/13/2007
• Published 03/13/2007

Judges

• WILLIAM A. FLETCHER, Circuit Judge:, Before: W. FLETCHER and RAWLINSON, Circuit Judges, and SELNA, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Daniel F. Davis, Tucson, Arizona, for the petitioner-appellant.


• For Appellees:
  
• Sherri Tolar Rollison, Office of the Arizona Attorney General, Tucson, AZ, for the respondents-appellees.